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Louis Anthes’s Answers

105 total

  • California car sale. Sold a car private party and wrote "AS IS". 2 weeks later buyer trying to sue me for brake problems. safe?

    I am just wondering if there is any chance the buyer of the vehicle could succeed in suing me. I sold it to him AS IS. Now he is demanding I give him back his $$$ and pick up the car or he'll sue me.

    Louis’s Answer

    Did you write "AS IS" on the car itself, with soap, like alot of people do? Or was that language printed in a specific clause of a specific written contract?

    Even if there was not a written contract, there could still be legally an oral contract between you. Contracts in any amount exceeding $100,000 should be in writing. If the car was sold "AS IS" and the brakes happened to fail two weeks later, I think it's a safe assumption you sold the car for far, far less than $100,000. But, if it was a written contract, then its terms are valid, if the contract itself is not contested in court.

    As you believe the car was sold "AS IS", you also believe there was no warranty, express or implied, for the vehicle that the purchaser bought. Unless there is some allegation of fraud or duress, I find it hard to see how the buyer would prevail in (Small Claims?) court.

    Hopefully, if not documents, you have photos of the vehicle, clearly marked "AS IS". How did you market it? Ebay, or something similar? Screenshots of any internet marketing would also be helpful.

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  • Are these violations of the Brown Act and or the First Amendment?

    So i went down to City Council to voice my opinion on an issue that is close to me. When I entered the police officer refused me entry unless I showed an ID. I explained that the Brown Act does not require me to show an ID to get into City Counc...

    Louis’s Answer

    According to California Government Code Section 54953.3: "A member of the public shall not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance.
    If an attendance list, register, questionnaire, or other similar document is posted at or near the entrance to the room where the meeting is to be held, or is circulated to the persons present during
    the meeting, it shall state clearly that the signing, registering, or completion of the document is voluntary, and that all persons may attend the meeting regardless of whether a person signs, registers, or completes the document."

    So it would seem, at first glance, that the law is clearly on your side.

    HOWEVER, one interesting point to make is that there may be a legal difference between what the City of Los Angeles can do to the entrance of City Hall, versus what they can do to the entrance of the City Council Chamber. I just point out that distinction, not to reinforce it, but to highlight it, for it may be of legal significance.

    As for your First Amendment arguments, yes you can always make them in addition to claims concerning alleged violations of municipal laws.

    If you wanted to proceed with a legal action, you would file in Los Angeles Superior Court, at first, a complaint requesting "injunctive relief," i.e., a Court order directing the "Sergeant at Arms" of the Los Angeles City Council to admit you at future meetings, according to the terms set forth in the Government Code, cited above.

    The Court can also void actions of the City Council operating in violation of the law. It can also award damages and attorney fees.

    I would suggest, first, exhausting one option: talk to your City Council Member's office, and ask them to review ID procedures, in light of state law.

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  • I got sued in small claims court . Plaintiff says I did an improper DMCA take down on e Bay of items I believe are infringing .

    1 ) should this be thrown out of small claims court ? DMCA claim is a copyright infringement action and state court is not proper for that , right ? 2 ) A third party involved in same transaction has a breach of contract claim against the pla...

    Louis’s Answer

    So, to answer your questions:

    1) You may file a claim based on an alleged violation of federal law in Los Angeles Superior Court, Small Claims Jurisdiction. Either party may file a motion to remove the case out of state courts and into federal court. These sorts of decisions should be made only under legal counsel, and in a timely fashion, as there are time limits on what sorts of procedures are available to you.

    2) The 3rd party may possibly assign its interests in the litigation to you, but I would first recommend that, if this 3rd party is willing to begin a formal lawsuit, then you should explain you would not oppose that. That way, both parties can deal with the assignment of the interests to the suit, in the context of specific litigation, supervised by a judge. Hopefully, whatever agreement is reached between you and the 3rd party, all parties' distinct legal interests are specified initially.

    The question you want to decide is whether it is worth it to you to invest resources into challenging this litigation, or engaging in some mediated, out-of-court settlement before proceeding begin. A short consultation with an attorney would not be a waste of your time.

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  • So i went to a hearing mandatory settlement conference n my lawyer said all they where offering was $5,000

    She said she cld try to get me more but the council had left n told she will give me a call back. then two weeks later i receive a letter saying it appearing that defendant has filed an order compelling attendance at deposition and there having be...

    Louis’s Answer

    It sounds like you are in a legal process where there was a hearing at which you learned there had been a settlement offer and your attorney asked for two weeks to get you a better offer.

    Legally, attorneys are required to confer with you, the client, if a settlement offer is made. They cannot make the decision for you. If you attorney advised you to wait for a better offer, then they should have followed up on that, presuming you gave them permission, which requires you fully understanding what is being explained to you and what your options are.

    That your attorney did not get back to before further court procedure occurred is troubling. I would hope that the attorney is not "covering their tracks" for trying to get a bigger offer, but provoking the other side to withdraw their entire offer.

    Your attorney might be liable for malpractice in this situation. BUT, rather than confront them with that fact, first write them a letter asking them to:

    1) confirm that he/she received an offer from opposing counsel;
    2) confirm that he/she communicated that offer to you, which you understood;
    3) confirm that he/she asked you for your input about different settlement options;
    4) confirm that he/she proceeded with your permission to make a count-offer;
    5) alert your attorney that have waited two weeks to learn of the results of this settlement process.

    If you hand them a written letter, requesting a written reply as soon as possible, then at the very least, your attorney understands, implicitly, that you are participating in your own case and are ensuring that things proceed in a documented fashion, which is your right to request, to your satisfaction.

    And if your attorney gives you a difficult time, or is non-responsive, you may consider asking the judge for a continuance on your upcoming hearing until such time as you have had time to find a new attorney.

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  • Can i sue a company if they released detailed information about my interview to my current employer?

    I applied to a company near my current employer one of the managers whom I did not interview with came in to my current employer and discussed details about my interview to one of my employees

    Louis’s Answer

    In general, though employers may hire whomever they wish, they cannot deny employment to people based on certain factors such as race, sex, religion, national origin, or disability. Most interview questions may be open-ended, but it is illegal to ask about certain subjects, such as marital status, children, sexual orientation, or certain criminal arrest records.

    So, yes you could possibly sue, especially if you discover that the other company's manager asked questions about you, in the context of an interview, which included soliciting information such as marital status, children, sexual orientation, or certain criminal arrest records.

    My question is, how did you learn of the secret discussion? That person should also help you learn the scope of the questions.

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  • Do I fill in 1 (e) 2 on the JUD-100?

    I previously was informed by the clerk I needed to submit a declaration ( CC 585 d ) which I did . when I submit my JUD - 100 do I check this box on the form ?

    Louis’s Answer

    Yes, simple answer. I attached a link below, which you might find helpful. The page discusses California Civil Code Sec. 585(d), which you cite in your question. You can find this information half-way down the page.

    The California Code of Civil Procedure section 585(d) provides that the court "may permit the use of affidavits, in lieu of personal testimony, as to all or any part of the evidence or proof required or permitted to be offered, received, or heard . . . . The facts stated in the affidavit or affidavits shall be within the personal knowledge of the affiant and shall be set forth with particularity, and each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently thereto."

    You may type your Declaration in Support of an Application for Default Judgment Pursuant to CCP 585(d) on 28-line pleading paper, which may be downloaded for free from the Law Library's website, pre-formatted for the Sacramento County Superior Court, at Alternatively, you may use Judicial Council Form MC-030, "Declaration," and attach Judicial Council Form MC-025, "Attachment to Judicial Council Form," if you need additional pages.

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  • I need a lawyer who can practice in South Korea to write a very simple opinion letter regarding Korean law and a contract matter

    I need a South Korean lawyer to give me a declaration for a motion on Forum Non Convenient in Los Angeles Superior Court to the effect that the matters alleged in a complaint filed by Korean defendants in Los Angeles against certain defendants in ...

    Louis’s Answer

    I am not licensed to practice law in South Korea.

    I answer your question to help you with a couple of legal points that might help you talk more precisely about your case to an attorney willing and qualified to help you.

    First, a complaint is filed by plaintiffs, not defendants. If the dispute is international, it can be filed in Los Angeles Superior Court, or it could be filed in US Federal District Court. But the fact that the dispute COULD be subject to the jurisdiction of the Korean courts is not, in itself, dispositive of the issue of jurisdiction, which is strictly about the court's power to hear the dispute. By contrast, the doctine of "Forum Non Conveniens" is a discretionary power that allows courts to dismiss a case where another court, or forum, is much better suited to hear the case.

    An attorney making a motion to dismiss would like have to show facts pertaining to the residence of the parties; the location of evidence and witnesses; issues concerning public policy; the relative burdens on the court systems; the plaintiff's choice of forum; and how changing the forum would affect each party's case.

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  • I would like to find out if this verbal contract I made is binding?

    I was contacted by a company that said I won two round trip tickets anywhere in the US. To receive these I would need to take magazine subscriptions. They made me think it was a trial and I could cancel at any time. When it got near the end of the...

    Louis’s Answer

    Well, the first thing you should do is direct your bank? to cease making payments upon demand by this merchant, pending your investigation of possible fraud.

    Now, what sticks out for me is the 20 months at $67/month. I can tell you. My first job after college in 1990 was selling magazine subscriptions for $500 subscriptions for five years. I lasted about a month at that, after I decided it wasn't for me. But $67/month for 20 months? How many magazine subscriptions is that?

    I agree with Attorney Kaufman, about contacting the Los Angeles City Attorney's Office. But you could also contact the Los Angeles County Department of Consumer Affairs, where you can begin the process of filing a complaint.

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  • How do you determine value in a breach of contract dispute when there is no monetary value?

    I am in a JTWRS situation. I have a SIGNED agreement with the co-owner that a certain individual would not be in the home past a certain period of time. The agreement has been breached and that person is in the home now - 60 + days past the agre...

    Louis’s Answer

    • Selected as best answer

    If you represent yourself in small claims court, for instance, and are filling out the forms indicating the damages award, I would recommend writing "$9,999" (the maximum) and when the judge reaches the issue of damages in the trial, you can say, honestly, you put that number because you didn't want to prejudice your rights to damages and are willing to explain the injury in terms of loss of enjoyment of "common space", perhaps calculated as a RATIO of the percentage of your share of prorated rent OVER your exclusive square footage of your own private space plus 50% of the square footage you jointly share with the other tenant.

    You might also cite loss of sleep, increased depression (perhaps with documented medical visits).

    But my advice in this situation, regardless, it to INCREASE the PEACE, so if necessary, be ready to move out, and then litigate your rights.

    At any rate, call the police if you feel threatened.

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  • Am I guaranteed the right to a jury trial for a UD case? Do I have rights to get answers to Discovery questions before the trial

    This is a UD case with right to possession still an issue. According to Plaintiff's Proof of Service, its Request for non-jury Trial was mailed to me on 2/4/13. It does not have a court date stamp on it. On 2/7/13, I filed a counter-request for j...

    Louis’s Answer

    Unlawful Detainer = Civil suit. No constitutional right to jury trial in civil cases.

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